On The Research Of The Validity Of International Commercial Arbitration Agreement

In the international economic and trade transactions, the parties have the right to free choice of an appropriate way to resolve disputes, arbitration and litigation is the most important means of settling disputes ,they play an important role in the resolution of international commercial disputes. Both the arbitral awards and litigation judgments have the force of law and enforcement power However, as a dispute settlement proceedings, litigation could not make everybody satisfactory because of the difference of the provisions of national laws of other countries as well as the cost of delay in the proceedings. In contrast, arbitration is well-received by more and more people of because of its fast, efficient and able to fully reflect the advantages of both the parties .Because of the difference of the arbitration legislation and the practice of anthropogenic factors, the arbitration agreement was signed in a wide variety of forms. Once the real controversy took place, how to identify the validity of the arbitration agreement has become a critical issue. International commercial arbitration agreement is the cornerstone of international commercial arbitration, which determines the effectiveness of the activities of life and death of international commercial arbitration, international commercial arbitration agreement and therefore the validity of research has very important practical significance.In this paper, by using the research methods of analytical studies and comparative study, author introduced the legal nature of the international commercial arbitration agreement first, then probe into the relationship between the legal nature and effective elements of the international commercial arbitration agreements. At the same time, by means of combining theory discussion and practical development and a research perspective of forming the general to the particular, center oh the key word "validity", conduct in-depth analysis from the form of the arbitration agreement form requirements to the substance of the effective elements combine actual cases, analysis legal requirements of the validity of the arbitration agreement. The purpose of this research topic is: by studying with the international convention and the provisions of relevant legislation of different countries, principles and practice, concluding international development trends of the qualification of international commercial arbitration agreements .at the same time ,by comparing to the theory and practice of provisions of relevant law of our country.,analysis the defects and shortcomings of the qualification of validity of the arbitration agreement to make relevant legislation of our country become more perfect.